Facing a burglary of an occupied dwelling charge in Florida is a serious, high-stakes situation. Burglary charges involving an occupied dwelling carry severe penalties, including lengthy prison sentences, large fines, and a permanent criminal record that can alter your future. If you or a loved one are facing these charges, it’s crucial to have a knowledgeable and skilled Florida criminal defense lawyer by your side.
At The Law Place, our team of seasoned defense attorneys knows how Florida’s criminal justice system operates and is committed to providing you with a strong, strategic defense. We understand the impact that a burglary charge can have on your life and will work tirelessly to protect your rights and aim for the best possible outcome.
Don’t navigate this complex process alone. Contact The Law Place today for a free consultation with a Florida burglary of an occupied dwelling lawyer, and let us start building a powerful defense on your behalf.
What is Burglary of an Occupied Dwelling?
Burglary of an occupied dwelling in Florida occurs when a person unlawfully enters a residence with the intention of committing a crime. According to Florida Statute 810.02, burglary is defined as unlawfully entering or remaining in a dwelling with criminal intent. The penalties for this crime are severe and escalate based on factors like whether the offender was armed or if someone was present in the dwelling.
“Without permission” means access was gained by force (e.g., breaking a door or window), sneaking in, or by deception. For example, a person may pretend to need help to enter a house, intending to commit a crime inside. If someone stays in a dwelling after being invited in but has concealed intentions to commit a crime, it’s still considered burglary.
Partial Entry Counts as Burglary
A person doesn’t need to fully enter a dwelling to commit burglary. Leaning into a window to reach for valuables, for example, can qualify as intent to commit a crime under Florida law. Also, intent is often implied by circumstances, such as entering a residence at night with a flashlight or weapon. Whether or not an item is stolen, the act of entering an occupied dwelling with harmful intent constitutes burglary.
Penalties for Second-Degree Felony Burglary of an Occupied Dwelling
The penalties for burglary of an occupied dwelling are determined by Florida’s sentencing guidelines. Typically, burglary of an occupied dwelling is a second-degree felony, which can result in up to fifteen years in prison and fines of up to $10,000. However, penalties can escalate to a first-degree felony, punishable by life in prison, if the crime involves assault, weapons, or severe property damage.
In contrast, burglary of an unoccupied structure or conveyance is a third-degree felony, carrying penalties of up to 5 years in prison and fines up to $5,000, underscoring the range of penalties based on the crime’s circumstances.
Types of Burglary Charges in Florida
We’re here to serve you. Our phones are open 24 hours a day.
Points Assigned to Burglary of an Occupied Dwelling
Under the Florida’s Criminal Punishment Code, a burglary of an occupied dwelling is a Level 7 offense, equating to 56 points on the sentencing scale. If the defendant’s total points exceed 44, they could face prison time. Additional points may be added for factors like prior convictions, use of a firearm, or gang-related involvement.
For example:
- Firearm involvement – 18 to 25 extra points
- Serious prior felony – 30 extra points
- Legal status violations (e.g., escape or fleeing) – 4 extra points
These points contribute to determining the prison sentence using a calculation: (Total points – 28) x 0.75. For instance, 56 points would result in a minimum of 21 months in prison.
We’re Florida’s top litigation team with over 75 years of combined experience
Mitigating Circumstances to Reduce Penalties
Certain mitigating factors may influence a judge’s decision to reduce prison time, including:
- Minor involvement in the crime.
- Mental health issues.
- Cooperation with law enforcement.
- Acting under duress.
- Youthful offender status.
- Good-faith effort to seek medical assistance for an overdose.
The court may also consider if the defendant qualifies for a drug treatment program as an alternative to incarceration.
From the initial call to updates on your case status, we are here to get you answers.
Defenses to Burglary of an Occupied Dwelling
To successfully defend against a burglary charge, it’s crucial to establish reasonable doubt about the defendant’s intent. Common defenses include:
- Permission – The defendant was permitted to be in the dwelling.
- Mistaken Identity – Insufficient evidence to prove the defendant’s identity.
- Mistaken Belief of Permission – The defendant believed they had consent to enter.
- Implied Permission – The defendant was implicitly allowed in the space.
- Mistake of Fact – The defendant was in the wrong place unintentionally.
- Insufficient Revocation – Permission to be in the space wasn’t clearly revoked.
These defenses hinge on the specifics of each case, and an experienced Florida criminal defense lawyer is crucial in developing the most effective strategy.
The Attorneys at The Law Place
The Law Place is home to a skilled team of attorneys with extensive experience in defending clients against serious charges like burglary of an occupied dwelling.
Attorney Stephen C. Higgins brings over 15 years of criminal defense experience, representing clients across Florida’s state and federal courts. Known for his meticulous case preparation and client-centered approach, Stephen provides strategic, assertive representation.
Attorney Hillary Ellis, a former Assistant State Attorney, uses her background as a prosecutor to anticipate and counter the prosecution’s strategies. Her trial experience with cases of all severity levels makes her a formidable advocate.
Together, Stephen, Hillary, and the rest of our team collaborate closely on each case, blending their skills to create tailored defense strategies that aim for the best possible outcome. At The Law Place, we are dedicated to protecting your rights every step of the way.
Resources for Individuals Facing Burglary Charges in Florida
If you’re facing burglary charges in Florida, there are resources available to help you understand your rights and navigate the legal process:
- The Law Place – Offers free consultations with experienced criminal defense attorneys who can guide you through the intricacies of burglary charges and build a robust defense strategy.
- Florida Statute 810.02 – Review the specifics of Florida’s burglary laws, including definitions, classifications, and potential penalties, directly from the official Florida Statutes.
- Florida Department of Law Enforcement (FDLE) – Provides information on criminal history, legal rights, and public safety resources in Florida.
- Public Defender’s Office – Your Local County – If you qualify for public defense, contact your local Public Defender’s Office for assistance with your case.
- Florida Courts Self-Help Center – Offers resources to understand court processes, access forms, and prepare for court proceedings if you’re navigating the legal process on your own.
Using these resources can be a valuable step toward understanding your legal situation and securing the support you need.
FAQ – Florida Burglary of an Occupied Dwelling Lawyer
How Does an Unoccupied Dwelling Differ from an Occupied One in Burglary Cases?
An unoccupied dwelling refers to a building or structure where no people are present during the burglary. While still a serious offense, burglary of an unoccupied dwelling generally carries lighter penalties compared to an occupied dwelling due to the absence of direct risk to occupants.
What Is the Prosecution’s Case in a Burglary Charge?
The prosecution’s case in a burglary charge must prove beyond a reasonable doubt that the defendant unlawfully entered or remained inside the dwelling with intent to commit a crime. This often involves presenting evidence of forced entry, intent, and the presence of occupants if applicable.
How Important Is the Surrounding Curtilage in Burglary Cases?
The surrounding curtilage, which includes the area immediately surrounding a dwelling such as an attached porch, is crucial in burglary cases. Entry into these areas with criminal intent can also result in burglary charges, emphasizing the importance of securing the entire property.
Can Burglary of a Sleeping Car or Motor Vehicle Be Considered Burglary of a Dwelling?
Yes, burglary of a sleeping car, motor vehicle, or railroad vehicle where people are lodging can be considered burglary of a dwelling. The key factor is whether the place is used for lodging, which elevates the severity of the charge due to the potential risk to occupants.
What Should I Do If I Am Accused of Burglary?
If you are accused of burglary, it is crucial to seek legal representation immediately. People accused of such crimes should contact a law office with extensive experience in handling burglary cases. An attorney can help develop a strong defense, challenge the prosecution’s case, and work towards reducing or dismissing the charges.
What Is Simple Burglary?
Simple burglary typically refers to unlawfully entering a structure with intent to commit a crime but without the presence of occupants or aggravating factors. This charge is generally less severe than burglary of an occupied dwelling but still carries significant legal consequences.
How Can Aggravating Circumstances Affect My Case?
Aggravating circumstances, such as the use of a weapon, causing injury, or targeting vulnerable individuals, can significantly increase the severity of the charges and potential penalties. These factors often result in harsher sentences and require a robust defense strategy.
How does committing assault during a burglary impact the charges in Florida?
In Florida, committing assault during a burglary can elevate the severity of the charges. If a person enters an occupied dwelling and intentionally threatens harm, causing fear in the occupant, the burglary charge may be upgraded to a higher-degree felony, leading to more serious penalties. Fighting assault or battery charges requires the help of a skilled attorney.
What is a forcible felony, and how does it affect a burglary charge?
A forcible felony, like assault or battery, is a violent crime that can significantly impact burglary charges in Florida. If a forcible felony is committed during the burglary, such as physical harm or threats to occupants, the charge can escalate to a more serious offense, potentially resulting in harsher sentencing.
Why Is It Important to Hire an Experienced Attorney?
Hiring an experienced attorney is vital due to the complexity of burglary cases. Lawyers with extensive experience and combined experience in criminal defense can effectively navigate the legal system, protect your rights, and provide the best possible defense.
What Are the Steps Involved in Defending Against a Burglary Charge?
Defending against a burglary charge involves several steps, including investigating the incident, gathering evidence, examining the prosecution’s case, and identifying potential affirmative defenses. An experienced attorney will guide you through each step, ensuring that all legal avenues are explored.
Can a Burglary Charge Be Reduced or Dismissed?
Yes, a burglary charge can potentially be reduced or dismissed, particularly if there are weaknesses in the prosecution’s case or strong affirmative defenses. An experienced attorney will work to identify these opportunities and advocate for the best possible outcome.
How Does Florida Law Define ‘Remaining Inside’ in Burglary Cases?
Under Florida law, ‘remaining inside’ refers to staying within a dwelling surreptitiously or without permission after initially entering lawfully. This can still result in a burglary charge if there was intent to commit a crime during the unlawful stay.
Speak to an Experienced Burglary Attorney Today
If you or a loved one is facing a burglary charge, it’s essential to act quickly and secure knowledgeable legal representation. Florida’s burglary laws are complex, and a burglary conviction can carry serious, life-altering consequences, especially if prior crimes or additional charges are involved. The attorneys at The Law Place understand the intricacies of these cases and have developed robust defense strategies to challenge the prosecution’s claims, working tirelessly to protect your rights and future.
Contact The Law Place for a free consultation. Our experienced team will assess your case, clarify your legal options, and provide a strategic path forward to achieve the best possible outcome. Don’t face this alone – call us today to start building a strong defense.
